Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35
Description:...
This volume of the ASA Special Series contains the written version ofthe presentations given at the ASA 2009 Annual Conference on "The
Search for "Truth" in Arbitration: Is finding the Truth what Dispute
Resolution is about?" This volume explores the role and the relevance of"truth" in dispute resolution and specifically in commercial
arbitration; the different notions of truth in different legal cultures;the users' view in that respect; and the consequences of these
different perspectives and approaches for the practice of international
arbitration.
Part one provides the "philosophical" background to the subsequent
discussions of some practical issues from the perspective of the users
of arbitration services as well as of the providers of these services,
arbitrators and counsel. Next, two practical issues that have for a longtime been a hot topic in commercial arbitration practice,
cross-examination and document production, are expolored from different
perspectives.
Finally formalism in arbitral proceedings is discussed – is formalismgood or evil? It has been concluded that formal requirements should
never be handled in a way that would hinder a tribunal or a court from
accomplishing the main task with which it was entrusted either by the
parties or by the State: applying the substantive law to the issues
before them and finding a just and fair solution to the parties'
dispute.
The presentations published in this volume of the ASA Special Series
will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"
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